Schindler Lifts Australia Pty Ltd

[2021] FWCA 6787

[2021] FWCA 6787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd
(AG2021/8263)

SCHINDLER LIFTS AUSTRALIA PTY LTD SA ENTERPRISE AGREEMENT - NI/MOD - 2021 TO 2024

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 NOVEMBER 2021

Application for approval of the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement -NI/Mod - 2021 to 2024

[1] An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd SA Enterprise Agreement - NI/Mod - 2021 to 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schindler Lifts Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – SA Branch Electrical & Plumbing Division (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE513973  PR736012